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Advertisement – Forms of Communication Covered Under the Code

A comprehensive guide on the forms of communication covered under the Research Analyst Advertisement Code, including all electronic, print, audio-visual, and digital media.

25 Jul 20266 min read

The SEBI Advertisement Code for Research Analysts (RAs) applies to a wide range of communication forms. Understanding what constitutes an advertisement and which forms of communication are covered is essential for compliance. This article provides a comprehensive technical analysis of the forms of communication covered under the Advertisement Code.

Regulatory Basis

The Advertisement Code circular dated April 5, 2023 (SEBI/HO/MIRSD/MIRSD-PoD-2/P/CIR/2023/51) specifies the forms of communication covered under the code.

Definition of Advertisement

An advertisement includes all forms of communications, issued by or on behalf of an RA, that may influence investment decisions of any investor or prospective investor. This is a broad definition that captures a wide range of communications.

Forms of Communication Covered

1. Print Media

Pamphlets

  • Any printed material distributed to promote services
  • Brochures, leaflets, flyers
  • Must include all mandatory disclosures

Circulars

  • Any circular distributed to clients or prospective clients
  • Marketing circulars
  • Promotional circulars

Brochures

  • Any brochure describing services
  • Company profile brochures
  • Service brochures

Notices

  • Any notice placed in public spaces
  • Notice boards
  • Public notices

Newspapers

  • Any advertisement in newspapers
  • Classified advertisements
  • Display advertisements
  • Editorial-style advertisements

Magazines

  • Any advertisement in magazines
  • Display advertisements
  • Sponsored content

Sign Boards/Hoardings

  • Any outdoor advertising
  • Billboards
  • Signage
  • Display boards

2. Electronic and Wireless Communication

Websites

  • Any content on the RA's website that promotes services
  • Landing pages
  • Service pages
  • Homepage content

Mobile Applications

  • Any content on the RA's mobile app that promotes services
  • App notifications
  • App screens

Electronic Mail (Email)

  • Any promotional emails
  • Marketing emails
  • Newsletters with promotional content
  • Email campaigns

Text Messaging

  • Any promotional SMS
  • Bulk SMS campaigns
  • SMS marketing

Messaging Platforms

  • WhatsApp messages
  • Telegram messages
  • Other messaging app communications

Social Media Platforms

  • Facebook posts
  • LinkedIn posts
  • Twitter/X posts
  • Instagram posts
  • YouTube videos
  • Any social media content promoting services

Radio

  • Any radio advertisements
  • Sponsored content on radio

Telephone

  • Any telephone marketing
  • Telemarketing calls
  • Promotional calls

3. Audio-Visual Media

Television

  • Any television advertisements
  • Sponsored content on TV
  • Infomercials

Tape Recordings

  • Any promotional tape recordings
  • Audio recordings

Video Tape Recordings

  • Any promotional video recordings
  • Corporate videos
  • Promotional videos

Motion Pictures

  • Any promotional content in motion pictures
  • Sponsored content
  • Product placements

4. Other Media

Any Other Literature, Document, Information or Material

  • Any other form of published material
  • Any other document
  • Any other information

Any Other Audio-Visual Form of Communication

  • Any other audio or visual content

Any Other Manner Whatsoever

  • Any other method of communication
  • Any other medium

Special Considerations for Digital Communications

1. Social Media Content

Social media posts that promote services are advertisements. This includes:

  • Posts about services
  • Posts highlighting achievements
  • Posts with testimonials
  • Posts with service information

Compliance Requirement: All social media posts that are advertisements must include the required disclosures or a link to a webpage with disclosures.

2. Email Marketing

Promotional emails are advertisements. This includes:

  • Marketing emails
  • Newsletters with promotional content
  • Email campaigns

Compliance Requirement: Promotional emails must include the standard warning and other mandatory disclosures.

3. SMS Marketing

Promotional SMS messages are advertisements.

Compliance Requirement: If the SMS cannot include all details, it must provide a website hyperlink to the full disclosures.

4. Website Content

Website content that promotes services is an advertisement. This includes:

  • Homepage content
  • Service pages
  • Landing pages

Compliance Requirement: All relevant website pages must include the mandatory disclosures.

5. Mobile App Content

Mobile app content that promotes services is an advertisement.

Compliance Requirement: The app must include the mandatory disclosures.

When a Communication is NOT an Advertisement

Not all communications are advertisements. The following are generally not considered advertisements:

  • Internal Communications: Communications not shared with clients or prospective clients
  • Client-Specific Communications: Communications that are not promotional in nature
  • Regulatory Communications: Communications required by regulation
  • Non-Promotional Content: Content that does not promote services

Practical Classification Guide

Communication TypeIs it an Advertisement?Reasoning
Company brochureYesPromotes services
Marketing emailYesPromotes services
Social media post about servicesYesPromotes services
SMS with service offerYesPromotes services
Website service pageYesPromotes services
Client-specific research reportYes, if promotionalContains analysis, not promotional
Regulatory disclosureNoRequired by regulation
Internal memoNoNot shared externally
Client communication with no promotional contentNoNot promotional

Common Compliance Gaps

1. Not Recognizing Social Media Posts as Advertisements

Some RAs do not treat social media posts as advertisements.

Solution: Treat all promotional social media content as advertisements.

2. Not Including Disclaimers in Email Marketing

Some RAs do not include disclaimers in promotional emails.

Solution: Include mandatory disclosures in all promotional emails.

3. Not Providing Links in SMS

Some RAs do not provide links in promotional SMS.

Solution: Provide a website hyperlink to full disclosures.

4. Overlooking Website Content

Some RAs overlook website content that promotes services.

Solution: Ensure all website content complies with the Advertisement Code.

Conclusion and How Anuj Desai & Associates Can Help

Understanding the forms of communication covered under the Advertisement Code is essential for comprehensive compliance.

Anuj Desai & Associates offers specialized services to help RAs comply with the Advertisement Code:

  • Review of all communication forms
  • Guidance on classification and compliance
  • Compliance audit and advisory

Contact us today to ensure all your communications comply with SEBI requirements. Our team will review your communications and provide a tailored compliance roadmap.


Disclaimer: This article is for informational purposes only and does not constitute legal advice. Readers are advised to consult qualified professionals for legal and compliance matters. Anuj Desai & Associates is a SEBI compliance consulting firm based in India.


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